Are you wondering if Canadian police have to let you inside your home? It’s the bedrock of Canadian freedom and privacy: under the Charter, you and your property are protected from unreasonable police searches. The police can’t enter your home without authorization.

But what if the roles are reversed? Can the police stop you from entering your home? It may be a little-discussed legal dilemma, but the answer is important.

And in Canada, the answer is yes — there are certain situations when the police can legally stop you from entering your home. If one of these situations arises, you need to know your best course of action. Being unable to enter your property is always serious, and an experienced lawyer can help you navigate the process.

police refuse to let you inside your home

Warrants

Under the Canadian Charter of Rights and Freedoms, the police can’t enter private property without authorization. If the police have authorization from a judge or justice of the peace (usually a search warrant), they can enter your home — but that doesn’t mean they can make you leave.

When issuing a search warrant, officers typically do a preliminary search to ensure the property is safe. The search warrant grants the police the right to reasonable search and seizure, and officers may handcuff and frisk anyone on the property. During this initial search, officers may prevent you from entering or leaving your property — they need to know the property remains safe. But unless you’re being detained, you’re free to leave after this search.

As always, know your rights but be respectful. If you’re on your property and try to impede the search, you could be charged with obstructing the police.

Are you being detained?

As long as you don’t impede a search, a warrant doesn’t give officers the right to detain you. If the police keep you handcuffed past the initial examination or try to isolate you in part of the property they’re not searching for, they may be unlawfully detaining you.

Ask if you’re being detained and call a lawyer. If you’re not being detained, police have no right to keep you from leaving or moving to another room. They can’t prevent you from using the bathroom, either.

But if you are being detained, the police must have told you why, explained your right to an attorney and allowed you to speak to a lawyer of your choice.

“Freezing” a property The police can also “freeze” a property while they wait for a search warrant.

Police not letting you inside your property

In March 2012, officers entered Vicith Phoummasak’s apartment in Toronto, Ont., and secured the property while they waited for a search warrant. The officers were worried Mr. Phoummasak would destroy evidence in a drug case, so they entered the apartment without a warrant and prevented anyone from entering or leaving.

While the police can freeze your property and deny access, this is a rare situation. In R. v. Phoummasak, the police relied on the exigent circumstances exception to the usual warrant

requirement. Exigent circumstances apply when there may be a safety risk or, in this case, the danger of evidence loss.

After finding drugs in his apartment, the police charged Mr. Phoummasak, and although he argued the search was unlawful, the Court of Appeal for Ontario dismissed his appeal in 2015. And so, if the police believe they have a reason to enter and search your home urgently without a warrant, you may be refused entry.

Civil Forfeiture

In some extreme cases, the police may stop you from entering your property because, to them, it’s no longer “yours.” Canada has civil forfeiture laws, meaning provincial governments can seize properties that may have been involved in a crime. Unfortunately, these laws don’t just impact criminals, and you may face civil forfeiture without committing a crime.

Governments can seize property used in or attain by criminal activities without compensation, and any revenue generated is returned to the province and its law enforcement — meaning authorities are often motivated to pursue civil forfeiture. Plus, even if a province seizes your property, they don’t have to charge you with a crime — you can be innocent and still lose your home.

Knowing you’re innocent doesn’t make losing your property easier, but you’re not out of options. In Ontario, for example, the Civil Remedies Act ensures the Crown must protect uninvolved interest holders — people who had no knowledge or interest in the crimes. Call a criminal lawyer. They’ll help you navigate your province’s civil forfeiture and receive compensation for your property.

Crime Scene

The police can also stop you from entering your home if it’s become a crime scene. Regardless of the crime’s severity, you may not be able to enter the property when the yellow tape comes down. Police need to secure the area so they can complete their investigation, and if that requires forensic examination, you may be away from your home for days.

And yellow tape isn’t the only barrier you may face — officers may guard the entrance to the crime scene. But an active crime scene doesn’t mean you have no hope of entering your home. If you’re not being detained, you can request a police escort to retrieve or protect your valuables — items like clothes, pets, documents or medications.

High-Profile Police Blockades in Canada

In recent times, the media spotlight has been trained on a controversial issue that has shaken Canadian society. Law enforcement officials have come under intense scrutiny for preventing homeowners from accessing their properties, a development that has stirred widespread criticism and sparked debates about civil liberties.

One of the most high-profile cases that fueled this controversy involved a Toronto resident named Maryanne Williams. In June 2023, Williams returned from a weekend trip only to find her home cordoned off by the police. They were executing a search warrant linked to a criminal investigation unrelated to her. Despite pleading that she was not involved in any illicit activities, the police refused to allow her into her property for an extended period. The incident, which unfolded live on national television, raised questions about police power, individual rights, and privacy.

The Williams case drew widespread media attention, resulting in widespread public debate and criticism. Social media platforms buzzed with commentary, and several hashtags trended, reflecting public frustration with the perceived overreach of law enforcement authority. The outcry was not just local but national, demonstrating the profound implications this issue has on the Canadian social fabric.

Do police have to let you inside your home?

Legal experts point to the Canadian Charter of Rights and Freedoms, which guarantees everyone the right not to be arbitrarily detained or imprisoned. They argue that preventing individuals from entering their homes might be seen as an infringement of these rights, especially if the person is not involved in the investigation. In Williams’ case, although the police had a valid search warrant, the prolonged nature of the blockade and the lack of clear communication led to considerable anxiety and distress for her.

This incident and several others have prompted human rights organizations and civil liberties groups to call for changes in the way law enforcement operates. They emphasize the need for clear guidelines to protect individual rights during police operations.

Some propose a mandatory time limit on police blockades, ensuring that homeowners are not unduly inconvenienced. Others argue for more robust communication strategies, ensuring that affected individuals understand the reasons for their homes being inaccessible.

Respect for civil liberties

The Canadian government, facing increasing public pressure, is grappling with how best to address this complex issue. Balancing the need for effective law enforcement with respect for civil liberties is a delicate task. While the role of the police in maintaining public safety and order is undeniable, this must be achieved without infringing upon the rights of innocent citizens.

The Canadian Association of Chiefs of Police has acknowledged the concerns raised and initiated internal reviews. They have pledged to work on better communication, ensuring that affected homeowners are not left in the dark about why their homes have been made off-limits. Additionally, they expressed their commitment to reviewing their operational guidelines to better safeguard the rights and freedoms of the public.

Flagrant abuse of police power

Public opinion on this issue is divided. While some Canadians are outraged by what they perceive as a flagrant abuse of police power, others believe that these actions are necessary for the greater good of public safety. Yet, at the center of these debates is the realization that police power should never compromise the fundamental rights and liberties that are integral to Canadian society.

In conclusion, the issue of police blockades in Canada is a contentious one, highlighting the delicate balance between the necessities of law enforcement and respect for civil liberties. The high-profile cases that have emerged from this controversy underscore the need for a nuanced understanding of the law, effective communication, and a robust system of checks and balances to prevent such incidents in the future. This is a defining moment for Canadian society, one that offers an opportunity to reflect on, reassess, and potentially reshape the role of law enforcement within its borders.

Police letting you inside your home conclusion

If you find yourself blocked from entering your home, there could be a legal precedent. The police may be conducting a search warrant and need to ensure your property is safe. Or they could have frozen your property while they waited for a warrant. Both are legal.

Alternatively, if a province pursues civil forfeiture on your property, or your property becomes a crime scene, you may not be allowed to enter.

But that doesn’t mean you have no options. You have the right to an attorney, and that’s always your best option — use it. We hope you found this article on if the police can refuse to let you inside your home helpful.

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Can the police refuse to let you inside your home in Canada?